Proving That A Minor Wasn't Drinking

[starpanther]

Hi I live in Michigan. The other weekend me and my friend Gary were at another friends house. I am 21 and was drinking over there. Gary was not drinking because he is under age but was on some heavy medication. Anyways Neither of us wanted to drive and we had no one else to take us home so I called my roommate.

The problem is that she has a suspended liscense. Well on her way back from picking us up we got pulled over for my third break light now working on the car. The officer didnt arrest her which he could have but gave her a ticket for driving with a suspended liscense.

When we went to the magistrate he put her down for a plee of not guilty because his records showed that her liscense wasnt suspended because we had paid the last ticket that morning. Her PO said that she needs to prove that I was drinking and that Gary was taking medication. We are not sure how to do this.

We need to know what would be our best course of action and what could happen at her pre-trial.

Worried in Michigan.

[turbowray]

Hi I live in Michigan. The other weekend me and my friend Gary were at another friends house. I am 21 and was drinking over there. Gary was not drinking because he is under age but was on some heavy medication. Anyways Neither of us wanted to drive and we had no one else to take us home so I called my roommate.

The problem is that she has a suspended liscense. Well on her way back from picking us up we got pulled over for my third break light now working on the car. The officer didnt arrest her which he could have but gave her a ticket for driving with a suspended liscense.

When we went to the magistrate he put her down for a plee of not guilty because his records showed that her liscense wasnt suspended because we had paid the last ticket that morning. Her PO said that she needs to prove that I was drinking and that Gary was taking medication. We are not sure how to do this.

We need to know what would be our best course of action and what could happen at her pre-trial.

Worried in Michigan.

I could only suggest getting the bottle of medicine that he was taking (unless he was not supposed to be taking it), and get witnesses that say you were drinking. I would imagine that the police would have put in the report that you were both under the influence. Did the officer let her take you home, or just issue the ticket and let you go? I had a cousin with a suspended liscence, and he went on an emergency drive for his sister, who was talking suicide, to go get her, and he got pulled over. The judge dropped the charges, when he learned of this suicide attempt, but he proved it by her doctors report she got.

[starpanther]

Thanks that is what I was thinking I am just afraid having a friend just say that I was drinking would be enough. The cop was very nice actually instead of arresting my friend he had Gary and her switch places. We were not that far from the house anyways. Gary didnt want to drive because he was feeling very tired. The medication that he was taking wasnt really his but his girlfriends. We are afraid that that is going to look bad right there. I dont think it is illegal for him to take the medication since he only took one pill and he didnt do it to get high or anything like that he just had a very bad back ache that over the counter meds werent helping with.

The officer never follwed us home but just turned around and left after he was done giving only my friend the ticket. would I have to have my friend come to court with us and tell the judge himself or could he write a note and have it noterized or something like that to prove it is authentic.

[turbowray]

Since there is no way to prove that he was under the influence, because he does not have a prescription to prove it, then there is nothing you can do to try to take the ticket away. Just so you know, it is against the law to take someone elses meds, so don't ever do it again.